Mr. Wheaton, for the respondents, moved to docket and dismiss the appeal in the case, which was a prize cause, commenced in the Circuit Court of North Carolina, in which a decree for costs and damages had been entered against the captors, from which they appealed, but had not prosecuted their appeal. He produced a certificate from the Court below to that effect.

The COURT stated, that the case was within the spirit of the 20th rule of Court, although that rule applied, in terms, only to writs of error.